Nearly 30 years after a carefully constructed all-White jury convicted him of murder, a Black man living on death row will now get a new trial. Justice Clarence Thomas would rather that he didn’t.

In 1987 an all-white jury convicted Timothy Foster, a black Georgia man, of murdering an elderly white woman, Queen White. Nearly 30 years later, Foster’s attorneys say prosecutors rejected every single black potential juror based on their race—and they have a smoking gun to prove it.